Nap Leathers Pvt. Ltd. v. Arcil
Case brief
What is this about?
The DRAT Kolkata addressed an application for enlargement of time to file delay condonation and waiver applications. The Registrar noted defects including deficit court fees and absence of a Rule 6(5) petition, posting the matter for removal of defects.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
MA Dy. No. /615/2022 Date : 01/11/2022
(In Dy. No./14/2019)
M/s. NAP Leathers (P) Ltd. Appellant
Versus
M/s. Assets Reconstruction Company (Inda) Ltd. (ARCIL). Respondent
Received a Petition (MA. Dy.No. 615/2022) under Section 22(2)(h) of RDDBFI Act, 1993 read with Rule 6(5) of the Debts Recovery Appellate Tribunal (Procedure) Rule 1994 in Dy No. 14 of 2019 filed by Ld. Counsel Mr. Rama Krishna Annavajjula on behalf of appellant with a request to enlarge the time from 22.09.2022 to 31.10.2022 for complying with the requisition of filing of delay condonation application and waiver application.
Ld. Counsel for appellant has also filed application for codonation of delay (IA/411/2022) and waiver of pre-deposit (IA/410/2022) in main appeal.
Affidavit of service is filed. Service is effectively done upon the Ld. Counsel of only Respondent.
Vide order dated 06.09.2022 passed by Ld. Registrar, the Dy No. 14 of 2019 was not registered for non-compliance of earlier order dated 25.11.2019 & 20.05.2022 for removal of defects.
Issues for consideration
2 issues framed by the court
Whether the delay petition under Rule 6(5) of DRAT Procedure Rules 1994 can be enlarged due to compliance issues.
Whether the appellate petition can be registered pending removal of defects such as deficit court fee.
Parties & counsel
- appellant
M/s. NAP Leathers (P) Ltd.
- respondent
M/s. Assets Reconstruction Company (Inda) Ltd. (ARCIL)
Case details
As recorded by the court registry
All orders in this case
5 orders share this CNR
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